Article 308 ('Interpretation') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
Article 309 ('Recruitment and conditions of service of persons serving the Union or a State') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or...
Article 310 ('Tenure of office of persons serving the Union or a State') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the...
Article 311 is the constitutional shield that allows honest government officers, teachers, clerks, railway staff, and police personnel to work without fear of political vendetta. It provides two ironclad safeguards:
1. Article 311(1): No civil servant of the Union or a State shall be dismissed or removed by an authority subordinate to that by which they were appointed.
2. Article 311(2): No civil servant shall be dismissed, removed, or reduced in rank EXCEPT after an inquiry in which they have been informed of the specific charges against them and given a reasonable opportunity of being heard in respect of those charges (Natural Justice).
Article 312 ('All-India services') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national...
Article 312A ('Power of Parliament to vary or revoke conditions of service of officers of certain services') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) Parliament may by law — (a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having...
Article 313 ('Transitional provisions') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the...
Article 315 ('Public Service Commissions for the Union and for the States') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State. (2) Two or more States may agree that there shall be one Public Service Commission...
Article 316 ('Appointment and term of office of members') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: ...
Article 317 ('Removal and suspension of a member of a Public Service Commission') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on...
Article 318 ('Power to make regulations as to conditions of service of members and staff of the Commission') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations — (a) determine the number of members of the Commission and their conditions...
Article 319 ('Prohibition as to the holding of offices by members of Commission on ceasing to be such members') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: On ceasing to hold office — (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the Chairman of a State...
Article 321 ('Power to extend functions of Public Service Commissions') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the...
Article 322 ('Expenses of Public Service Commissions') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as...
Article 323 ('Reports of Public Service Commissions') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum...
